He cites Brady's refusal to provide the necessary evidence for the investigation. Wells' team discovered Brady and two Patriots equipment managers exchanged text messages.

The messages referred to the footballs used for the Jan. 18 AFC Championship Game, per ESPN.

Wells denied warning Brady about the possible consequences, per ESPN:

"In my almost 40 years of practice, I think that was one of the most ill-advised decisions I have ever seen, because it hurt how I viewed his credibility. It hurt my assessment of his credibility for him to begin his interview by telling me he declined to give me the documents.

"I did not tell Mr. Brady at any time that he would be subject to punishment for not giving -- not turning over the documents. I did not say anything like that."

Brady's lawyers did provide investigators with copies of his emails. They insist the NFL has been inconsistent in applying its own rules, per ESPN.